Thursday, December 26, 2013

Attorney Jeff Quisenberry

Fernandez Law Group, Tampa Florida Jeff Quisenberry is a Florida Criminal Defense and Civil Trial attorney with over 20 years of state and federal experience. He has tried over 100 jury trials including over 15 homicide cases and over 50 sexually based crimes.

Mr. Quisenberry has represented numerous clients with complex fraud and embezzlement cases. These cases can be difficult and require the expertise that only a former prosecutor can bring to his client's defense. Additionally, he has argued over 500 legal motions before the court, particularly in the area of search and seizure and confession issues.

During his career as a trial attorney, Mr. Quisenberry cross examined over 75 expert witnesses and deposed hundreds of witnesses. Mr. Quisenberry spent half of his career as prosecutor for the Twelfth Judicial Circuit before moving into private practice. This experience is particularly important in his representation of Criminal clients because he has inside knowledge of how the state will likely build its case.

Likewise, he understands what negotiating tactics are pertinent to get charges dropped or otherwise resolved without a conviction on his client's record.

If you've been charged with a crime, contact Jeff Quisenberry today. The earlier you retain a defense attorney, the greater likelihood of resolving the case in your favor.

 As a Civil Attorney, Mr. Quisenberry handles complex cases involving Personal Injury, Contract Disputes, Divorce, and other civil matters.

Mr. Quisenberry is well familiar with all aspects of medical testimony regarding serious injury and death including: brain trauma, various neurological problems resulting from injury, organ damage, and soft tissue injuries. Mr. Quisenberry brings his background in criminal practice to advocate for justice for his civil clients.

Although Mr. Quisenberry endeavors to resolve civil cases through negotiation, his extensive trial background allows him greater leverage to achieve the best possible result for his clients. If you have been wrongfully injured, Mr. Quisenberry will work tirelessly to bring justice to you.

Mr. Quisenberry taught legal seminars at the Police and Fire Academies and advised detectives in six jurisdictional agencies regarding sexually based crimes. Additionally, he taught other prosecutors how to investigate and litigate sexual offenses including child pornography, Internet based offenses, lewd and lascivious molestation, and sexual battery.

Mr. Quisenberry will bring experience, dedication and aggressiveness to your case. Contact the Fernandez Law Group, P.A. today to schedule your free consultation.

Call us today at 813-489-3222 for a FREE consultation.

Attorney Frank Fernandez



15 Year Anniversary Award to Frank Fernandez from MartindaleFrank G. FernandezFor almost two decades, Frank G. Fernandez has been practicing law in the Tampa Bay area. He has dedicated his legal career to the practice of Criminal lawFamily law, and Personal Injury law.
In 1992 he received his undergraduate degree from St. Louis University, which he attended under a full academic scholarship.

Mr. Fernandez received his law degree from the Florida State University College of Law in 1995 and became a member of he Florida Bar later that year. Frank has appeared on behalf of his clients at the trial and appellate level in Federal and State courts all throughout Florida. Client Distinction Award, 3-2013 from Martindale-Hubb

Mr. Fernandez is very effective in working with his clients immediately after an arrest has occurred, often preventing felony and misdemeanor charges from being formally filed.

 Frank has recently received the Client Distinction Award in 2013 from Martindale.com and Lawyers.com as he was recognized for his excellence in Quality of Service, Overall Value, Responsiveness and Communication Ability.

 In 2011, Mr. Fernandez received an award from Martindale-Hubbell to commemorate his 15 year anniversary of proudly serving Hillsborough County and Tampa Florida. Frank specializes in Divorce; Paternity; Modification and Enforcement of Marital Settlement Agreements; Establishment and Modification of Child Support; Alimony; Establishment and Modification of Time-Sharing and Parenting plans; and all other Family Law litigation. He also uses his legal experience to aggressively litigate Domestic Violence Injunctions and represents clients in Dependency cases. Hillsborough County Courthouse, Tampa Florida

It is Mr. Fernandez's dedication to each of his client's unique circumstances that has earned him a reputation of always going above and beyond his clients' expectations. Mr. Fernandez is available to his clients on an as-needed basis, making himself accessible on evenings, weekends and even holidays if need be. He is proud to have developed his practice primarily through word of mouth and referrals from former clients and professional colleagues. 

Mr. Fernandez is a member of the Hillsborough County Bar Association, the Tampa Bay Trial Lawyers Association, and the Tampa Bay Hispanic Bar Association. 2013 Florida Justice Association member Frank G. Fernandez

Frank is also a member in good standing with the Florida Justice Association, promoting a fair and effective justice system while fighting to preserve the rights of all Floridians who seek justice in the courts. He is admitted to practice law in the State of Florida and Federal Courts of the Middle District and Southern District of Florida.

 Mr. Fernandez is also fluent in Spanish.

Attorney Profiles for Frank Fernandez on the web:

Google+ Profile for Frank G. Fernandez Lawyers.com Reviews for Frank G. Fernandez Tampa Attorney Avvo rating for Francisco G. Fernandez Tampa Attorney martindale rating of Tampa Attorney Frank G. Fernandez LinkedIn profile for Frank G. Fernandez

Call us today at 813-489-3222 for a FREE consultation.

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Wednesday, December 18, 2013

How important is a personal injury lawyer

Accidents happen when least expected and it can be hard to prevent them. However, in many occasions, they occur as a result of another person's negligence. The cost of treating injuries sustained from accidents are relatively high and it is for this reason, that a person who gets injured due a someone else's fault, should seek compensation from the wrong doer. A person can sustain injuries, which inflict physical pain, brain injury and emotional stress. Treating such injuries also drains an individual financially as well as his or her family. The process of seeking compensation however, is not an easy task. This is where the services of a personal injury lawyer are needed to expedite the process of securing justice.

A personal injury lawyer is highly trained in the field and has a complete understanding of what it takes to deal with personal injury litigation. In this relevance, he or she helps a personal injury victim to understand his or her rights. The lawyer additionally discusses with a victim the type of a claim that should be filed depending on the type of personal injury that a victim suffered. This is because there are different claims entailed in personal injury litigation and a victim must be well informed by his or her attorney.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez, Tampa Florida AttorneyFrank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years.
Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues.
Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

Disability lawyers are trained and highly experienced in filing personal injury claims. They understand the terms that insurance companies use when compensating accident victims. In this relevance, the role of an attorney is to calculate the rightful claims on behave of a victim. In most cases, insurance companies may settle a claim outside courts but on the other hand, they pay off an amount that is relatively lower. Since a victim may be in dire need of cash for treatment, he or she may accept the amount. However, an attorney will be able to talk to doctors to calculate hospital expenses, income that get affected as a result of an accident, costs of drugs among other expenses. The lawyer will also consult other concerned parties for your rightful claims.

A personal injury lawyer is additionally very important when it comes to seeking compensation. It is his or her professional duty to fight for your rights in a way that helps to expedite the process of securing fair justice. This offers peace of mind to a victim because you know there is someone whom you can always count on. This is one of the reasons as to why you need the lawyer. With a professional lawyer, a patient can concentrate on rest and medication. This is key to quick and full recovery.

The Tampa personal injury lawyers at Fernandez Law Group provide strong legal representation for many types personal injury cases involving medical errors, malpractice and negligence, wrongful death, workplace injuries, disabling injuries, auto accidents, toxic exposure, more. If you ever find yourself in a situation where you end up suffering from these types of injuries, do not hesitate to look for a lawyer.
When looking for a Tampa personal injury lawyer be sure to visit the legal team at Fernandez Law Group to see how our Tampa slip and fall lawyers can help you win your case.

Call us today at 813-489-3222 for a FREE consultation.

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Google+ Content authored by Frank Fernandez

Protecting the rights of children of divorce


Family Law AttorneyDivorce can be a trying time for any family. From divorce's beginning stages to its final stages, it pays to have a team of legal professionals by your side. In particular, if children are involved in a divorce then it is absolutely critical for a good team of lawyers to be at your side. 
 Divorce is an emotional experience for anyone involved. No matter what stage the process is at, divorce can be a highly emotional and painful situation. Issues like child custody can be easily overshadowed by emotions when not dealt with by the professionalism of an attorney or team of attorneys. Too many times, the rightful parent of a child fighting for custody can be overshadowed by the other parent that may have a history of drug addictions, alcoholism, or other negative issues.
A team of good lawyers understands that you have your child's best interest at heart and will fight every step of the way for you and your child or children. There are other areas of divorce that can easily become complex. One of these issues is child support. All too often, fathers or mothers fail to pay the necessary child support required for the caring of a child or children. 
If you are a parent that is owed child support for your children, be sure to get a team of lawyers working on your case. When you are by yourself, the issue of fighting for back child support can overwhelm a person and become very stressful. Perhaps the parent owing the money seeks to intimidate the other parent, in order to avoid paying the child support. Or, maybe that same parent does not return phone calls or communications asking for the child support. If this is the case, then a family lawyer can intervene and act as the powerful voice you need to get the child support your child deserves. 
Child visitation can also be a sensitive issue to deal with, when it comes to divorce. Perhaps as a parent, you feel you are entitled to visit with your children except your ex-spouse will not allow you to see the kids. This is a very common scenario in families all throughout North America. Issues like jealousy can stop parents from doing what is truly best for their kids. If this has happened in your divorce case, then it is important to seek a great lawyer to resolve the issue in the best manner possible between the two parents. 
A lawyer can help you get the visitation rights that you and your children deserve. A divorce attorney can be the best advocate for any parent in this tough situation. A situation like divorce requires a professional person that understands the issues at heart and knows how resolve them in a professional manner. A family law attorney can resolve these issues while figuring out a solution that benefits all parties involved in the case. Most importantly, children are the ones that benefit from the intervention. 
You can put your trust into Fernandez Law Group as we will diligently fight for the best interests of the children.

Call us today at 813-489-3222 for a FREE consultation.

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Defending criminal charges and what to expect


Family Law Attorney
For people who have been charged with a criminal offense, they know how difficult and stressful the experience can be. If you are convicted of a criminal offense, your record and reputation can be severely damaged. Depending on the charge and type of conviction, you could face huge fines and even stiff jail time. It can also result in losing a job or having problems getting a job.



Because the criminal justice system is such a difficult system to understand, if you are facing a criminal charge whether it is a DUI, assault, theft, or a crime that can result in a really long prison sentence, it is beneficial to hire a criminal lawyer because this type of lawyer has the experience and expertise to fight a criminal charge.

At Fernandez Law Group, our Tampa criminal law attorneys regularly practice criminal law and have a great deal of experience in representing our client's needs and protecting their rights extremely well. We understand how the legal process works, the nature of the various criminal charges, and how best to defend our clients, whether it is negotiating a plea or taking the case to trial.

When our attorneys represent a person charged with an offense, we fight to protect our client's rights and work to achieve a fair outcome. In many cases, our attorneys have discovered evidence that lead to reduced fines, shorter sentences, and having charges dismissed. Is your attorney working for you or working with the prosecutor?

When our criminal attorneys represent a client, we will be involved in all aspects of preparing the case. As a general guideline, any criminal defense attorney should directly interview witnesses and police, review the police officers evidence, collect and organize evidence, consult with expert witnesses, file the proper motions, communicate with the prosecutor, identify any issues that can help the client, research outcomes of similar cases, and represent the client at trial. During the process, we keep our clients completely informed of their options and possible outcomes and put the case together in a way that is designed to get you the best possible outcome. In addition, you will be advised of the risks and benefits of going to trial.

Criminal lawyers play an important part in ensuring the criminal justice system remains fair and just. They make sure their clients' rights remain protected. At Fernandez Law Group, our Tampa criminal defense attorneys have a lot of trial experience and are able to work effectively with prosecutors and judges to provide you the best defense possible.

Call us today at 813-489-3222 for a FREE consultation.

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Tuesday, November 19, 2013

Understanding Negligence and Personal Injury Law

The justice system is composed of various legal specialty fields. Personal injury law can be a challenge to understand and it is important to find one of the many personal injury lawyers specializing in this field. A personal injury attorney will help you to better understand your rights and what to expect if you've been injured.

Law Books - Tampa Personal Injury AttorneyPersonal Injury law covers a number of different areas, including product liability, auto accidents, brain injury, medical negligence, food poisoning, canine bites, and slip and falls.

When a personal injury lawyer represents a client in a personal injury lawsuit, the burden of proving negligence is the fundamental objective to achieving a successful verdict for the client. If the cause of an accident is found the be the fault of an individual(s), business, or entity, negligence is generally alleged. If that person or business failed to act in a reasonable manner to prevent an injury, then the entity must assume responsibility for the accident.

Whether it was directly or indriectly caused can be a significant factor in determining damages. For example, was a needed repair that led to an accident known about and overlooked for months, or was it discovered at the time of the accident? If you are not familiar with personal injury litigation, proving negligence can be a difficult undertaking. If you are seeking to hold a negligent person accountable for your injury, it is important to have a competent personal injury lawyer on your side.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez, Tampa Florida AttorneyFrank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

When a person becomes a victim of personal injury, they often feel either physical and/or psychological pain. Action can be taken to hold the negligent party responsible by seeking compensation for the inflicted injuries.

When seeking accountability, typically an attorney specializing in perosnal injury will be hired. The attorney representing the client will normally assess the case to determine negligence, and either attempt to get a fair settlement or litigate the case in civil court. Monetary damages sought can include: present and future medical bills, loss of earnings, loss of future earnings, permanent disability, and pain and suffering.

If a personal injury case goes to trial, personal injury lawyers have the know-how and comprehension to organize and argue a case to prove negligence. The amount that can be awarded by a judge or jury will be calculated according to the gravity of the injury. Depending on the type injury, there are certain ways to prove negligence.  As an illustration, a drunk driver that gets in an accident with another vehicle will typically require a blood alcohol test to prove negligence. The attorneys at Fernandez Law Group come with the knowledge and skill in personal injury law needed to assemble a very persuasive case that's effectively designed to prove the defendant is negligent.

Our attorneys act in the best interest of the client to secure fair compensation. The legal professionals at Fernandez Law Group understand that personal injury lawsuits require analysis, accumulating proof, interviewing witnesses, and getting the suitable medical witnesses, and settlement negotiations.

Personal injury litigation can be a very difficult and drawn out process making the services and skills provided by your personal injury lawyer very important. A personal injury lawyer can assess your case to find out if it has merit and advise on whether or not settling is the right choice or it would be more advantageous to go to trial. By hiring a personal injury lawyer, you'll have an expert advocating on your behalf to get a winning verdict.

Our team of Florida Personal Injury Attorneys have been fighting for clients' rights since 1992, and there are no fees until you receive compensation. Visit us and let our Personal Injury Attorneys in Tampa help you get the compensation you deserve. Fernandez Law Group - 506 N. Armenia Avenue, Tampa, Florida 33609.

Call us today at 813-489-3222 for a FREE consultation.

 
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Common issues addressed by Family Law

Family Law Attorney

Family law addresses a number of issues. These issues include child supportspousal supportchild custodyand property division among other issues.

These are serious matters which cannot be avoided in cases of divorce.

Child support is normally a hot issue. During the divorce process, it has to be determined how the parents of a child will financially support a child. There are many expenses that a parent must be able to adequately provide for including food, clothing, and medical expenses. Often times when a family splits up, the situation can be quite difficult, and it is imperitive that you consult with an experienced family law attorney.

Spousal support can also become an issue during divorce. This will be the case when one spouse does not have the income to support himself/herself after the divorce process. A court will use different ways to determine if a particular spouse is eligible for spousal support. A Plaintiff will have to provide reasonable claims and evidence to suggest their need for support, while the Defense will be fighting hard to refute those claims and evidence to prevent a spouse from paying any unjust enrichments.

Property division is normally an area of contention during divorce. Dividing the property between the two spouses is also not advised or recommended without consulting an attorney to discuss your rights and options. If there is any kind of offer or deal on the table to split anything up, you need to make sure you're investments and property are being protected or provided for.

Property is usually divided according to the contribution of each spouse to the acquisition of the property. The spouse who played a big role in the acquisition of shared property will get a big share of property. If a wife did not contribute money to acquire property but she looked after the house and children as her husband was doing business while she offered her moral support, she is entitled to a share of the property. Property that was acquired before the two parties who are divorcing met should not be divided.

Child custody is also a very important factor to consider. Ideally, both parents need to be in a child's life. It is possible for spouses to mediate the terms of the custody arrangement without hiring an attorney, but often times there are situations and circumstances that will require one. When it comes to the well being children, having an attorney to help represent the best interests of the children will help ensure that your children will not face any undue harm while it also helps better protect your rights as a parent.

Call us today at 813-489-3222 for a FREE consultation.

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A Few Facts About Hiring A Criminal Law Attorney:


Family Law Attorney


There are many people every day that find themselves in need of help from a Tampa criminal lawyer. Before you select a lawyer to hire, you first have to learn some imperative facts about them that will influence your decision on the best attorney to hire.

 The first fact to know is that criminal attorneys are the ones that specialize in cases that involve individuals or organizations with allegations against them. This means that any individual person can benefit from hiring a criminal attorney, but they are also available for organizations that find themselves faced with criminal charges.

 The second fact to be aware of is that not all criminal attorneys in Tampa will have the same experience. Many people automatically assume that a lawyer is well experienced in their field of the law, but this is not always the case.

Before you hire an attorney, you have to take time to talk to them so you can ensure that they are experienced in criminal law with a track record of handling and winning numerous cases. This information will help you determine if the lawyer is worth hiring or if you should move on to another lawyer with more experience.

A third fact to know is that the attorney will know exactly what needs to be done after they are hired to help you get the best defense possible. They will start by thoroughly going over your case so they understand everything you are charged with. It is important to be completely honest with your criminal law attorney so there are no surprises from the prosecution at trial and so your attorney can prepare a stronger defense. They can then look for loopholes that will work in your favor and they will learn the strong points to use to form a good argument for you in court during your hearing. Your attorney has to know exactly what is happening with your case in order to best represent you. Your attorney should also take time to ask you questions about the case and your part in it, so they are on the same page as you when it comes to your defense. Again, just be sure that any questions you are asked, you answer truthfully. If you are not truthful with the attorney you decide to hire to represent you then they will not be prepared to provide you with the best defense for your case. Communication between you and the attorney is vital to good representation.

 A fourth fact to know is that the fee charged by all attorneys will have differences. Some lawyers charge by the hour and others charge by the case. It is important to get the fees you will owe the attorney in writing so that you know exactly what their help will cost you up front. These are just a few simple facts that you need to keep in mind about any criminal lawyer before hiring one of them, because these facts will definitely influence your selection on who you choose to have represent your interests and defense. Here at Fernandez Law Group, we have a team of criminal defense attorneys in Tampa who have earned a solid reputation for providing strong criminal defense representation and litigation skills for many satisfied clients over the years.

Call us today at 813-489-3222 for a FREE consultation.

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Friday, November 8, 2013

Criminal Law and how it works

Criminal Law and How it Works:

There are five objectives for determining criminal law punishment: retribution, deterence, incapacitation, rehabilitation and restitution.

  • Retribution suggests that offenders should suffer in some way to balance the scales. This is also known as righting the balance.
  • Deterrence comes in two forms: individual and general. In both forms it is the notion that imposing strong penalties should deter misconduct.
  • Incapacitation is the process of keeping offenders away from society in order to protect the public from harm. This can be done through death penalty, banishment or prison sentencing.
  • Rehabilitation strives to change a criminal into a contributing member of society by convincing the individual that their behavior was wrong.
  • Restitution is a form of victim-oriented punishment, in which the damages inflicted are to be repaired by the offender.

Proof of a crime requires proof of an act, this is also known as actus reus or guilty act.

Proof of intent to do wrong is known as mens rea or guilty mind.

Some crimes require both forms of proof. Others require only one form. In cases where both types of proof are required, it must be evident that the crime and intent occurred at the same time and not sequentially at different moments.

Actus reus involves the physical activity of committing a crime. It is the action, omission to act or threat of action. If there is more than one possible cause, actus reus can be nullified for lack of causation. The thin skull rule says that an offender is responsible for injuries relating to their misconduct. This is true even when the injuries or damage done is unusually high or extensive.

Mens rea is linked to the mental part of the crime. It has to do with the intention to perform the wrongful act. This is separate from the motive. Recklessness is a lower offense. It is when the act is recognized as dangerous but still committed. Wrongfulness and transferred malice are also considered under this category.

There are different offenses in criminal law. Participatory offenses usually occur when a crime does not come to fruition. It can include abetting, conspiracy, attempt and aiding. Property offenses include, but are trespassing, robbery and embezzlement. Rape, assault and battery can be classified as personal offenses. Fatal offenses involve death and manslaughter.

Because of the many complex variables involved in criminal law, it is essential that you find an experienced criminal law attorney who can provide you with an adequate defense.
When criminal charges are brought against you, your future is hanging in a delacate balance. Your freedom is on the line, fines are at stake, and the potential to land a career and lifelong disability of a felony charge is looming overhead. The team of Tampa criminal law attorneys at Fernandez Law Group know just how serious and important every last detail can be. Your future, and our reputation depends on it. We cannot and will not allow either to be jeopardized. It's time you put your trust into us.

Call us today at 813-489-3222 for a FREE consultation.

Choosing the right family law attorney

There are a wide variety of attorney specialties, from tax attorneys to defense attorneys specializing in juvenile felonies.

While you always want to be sure you hire the best one, this can be a little stressful, especially in family law.

The fact is, whether you are able to see your children could rest in your lawyer's hands. The key is to hire the one that has experience in situations that are very similar to your own.

If your case is very simple and straightforward, an attorney that specializes in divorce may be enough. This is often best in cases that spouses are not arguing too much over the details of the divorce.

However, if both spouses are requesting fulltime custody of the children, be sure that yourfamily law attorney has a good track record in previous cases.

Unfortunately, many cases are often dragged out in court and you want to make sure that the one you choose can handle it.

Coming to an agreement on who gets custody of the children and how much child support would be paid, however, is not usually a cut-and-dry matter.

The fact is that a family law attorney can provide you with great assistance during this time. They will not only know the laws in your state, but they will understand them completely and can advise you on what to expect and how to act.

Of course, if your divorce is already final and your ex-spouse is not living up to what the court demanded of them, you may again need an attorney for when you go back to court.

Again, they can walk you through the process and file any papers with the court to make sure it is handled with the utmost professionalism.

Fernandez Law Group and our Tampa Family Law Attorneys can assist you with your family law needs, including matters of paternity, pre-nuptial agreements, and alimony.

While the situation can be very stressful for one to go through, the right attorney will make the process go a lot smoother for you.

Call us today at 813-489-3222 for a FREE consultation.

Monday, August 26, 2013

Fernandez Law Group - Tampa Personal Injury, Family Law, and Criminal Defense Attorneys

With a combined legal experience of over 40 years, the Tampa Attorneys at Fernandez Law Group have been committed to providing quality service to their clients while maintaining a high level of respect, integrity, and appreciation for each individuals' legal needs.



Find out what others are saying about Fernandez Law Group!

With the evolution of social media and the newer, more interactive Internet we all have come to know in recent years, we thought we'd take a moment to present a collection of reviews we've gathered from various sites and networks across the Internet and present them here.

You will also find links to the various sites and legal networks connected to each individual review where you can go to review and rate our law firm or attorneys yourself if you'd like. We encourage anyone who wishes to share their experience with our firm to do so and thank you all for your feedback.

Feedback and Reviews for Fernandez Law Group

* The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided. All results of cases handled by Fernandez Law Group are not provided and not all clients have given testimonials. Every case is different, and each client's case must be evaluated and handled on its own merits.

Visit us online at http://www.TheFernandezLawGroup.com or call 813-489-3222 for a FREE case evaluation today.

2013 Florida Highway Safety and Motor Vehicle provisions effective 1/1/2013

The Florida Department of Highway Safety and Motor Vehicles department has made numerous changes to the motor vehicle laws here in Florida which took effect on January 1, 2013. The following is just a brief summary on a few of the changes. Read the entire summary of HB 1223 - Highway Safety and Motor Vehicles here.

Red Light Camera Violations: Although the need may not be common, a provision was added to provide an additional exemption for red light camera violations in situations where "the motor vehicle's owner was deceased on or before the date the uniformed traffic citation was issued, as established by an affidavit submitted by the representative of the motor vehicle owner's estate or other designated person or family member." Accompanying the bill is additional information for completing the affidavit.

Impaired Mobility and Public Roads: Anyone who operates a motorized wheelchair on a sidewalk may now attempt to avoid a potential conflict by temporarily leaving the sidewalk and using the roadways - if no alternative route exists. However, verbal warnings are still able to be issued by law enforcement when deemed appropriate.

School Buses: An existing provision which prohibited school buses from exceeding 55 mph has been lifted with a new requirement that school buses must obey the posted speed limit instead. Bicycle

Helmets: Effective October 1, 2012, helmets must be in compliance with the federal safety standard for bicycle helmets contained in 16 C.F.R., part 1203. Any helmets purchased prior to October 1, 2012 may still be worn legally by riders or passengers until January 1, 2016 as long as they were in compliance with the existing statutory standards.

Bicyclists: In situations where a bicyclist faces threat of a potential conflict on the roadway, they are now permitted to leave the marked bicycle lane (in situations where the roadway is marked for bicycle use) and they are also permitted to travel away from the right-hand curb or edge of the roadway.

A bicyclist is now also permitted to leave their space to avoid conflicts in turn lanes. Additionally, law enforcement is now permitted to issue verbal warnings and brochures on bicycle safety in lieu of issuing citations.

Flashing Headlights: It is no longer illegal to warn other drivers of speedtraps by flashing your headlights. This was in response to the need for clarification after a judge ruled that some law enforcement agencies were misinterpreting a law that does not allow drivers to put flashing lights on their vehicles.

A motorist is permitted to intermittently flash his or her vehicle's headlamps at an oncoming vehicle notwithstanding the motorist's intent for doing so.

Motorcycles: Deliberate acts to conceal or obscure the license tag on motorcycles or mopeds is prohibited. License tags must remain clearly visible from the rear at all times.

The requirement for vertically affixed tags to maintain a prepaid account and transponder has been lifted, but any required toll must be paid by the owner or operator by whatever means possible.

Motor Vehicle Violations Involving an Accident: Drivers convicted of motor vehicle violations which resulted in an accident may have their driving privileges suspended or revoked by the court. 

Traffic Hearings: A uniform standard for requesting hearings with the clerks of court has been adopted for situations where a person has been charged with a traffic infraction. A hearing may now be requested within 180 days after the violation date regardless of any action taken by the court or the department to suspend the driving privilege of the defendant. The clerk must set the case for hearing upon request. Lost or Missing

Vehicle Titles: In the event that a motor vehicle title assigning the prior owner's interest cannot be located and provided to the motor vehicle department, a bond or affidavit may now be accepted provided it includes verification of the VIN as well as an application for title.

Changes related to Military Personnel: Active duty military members who are Florida residents are exempt from the requirement to provide a residential address in Florida when completing a vehicle registration application.

Special use plates for Vietnam War Veterans and recipients of the Combat Infantry Badge are now available.

Automatic extensions on the expiration of a Class E license while military personnel are on active duty shall be granted.

Remember, this is only a summary. Read the entire summary of HB 1223 - Highway Safety and Motor Vehicles here. If you have any questions or concerns regarding your rights and current law regarding traffic violations in Florida, or if you need a Tampa Traffic Violation Attorney, call us today at 813-489-3222 for a FREE consultation.

Tuesday, July 23, 2013

2013 Streamlined Loan Modification Program Frequently Asked Questions:


The Federal Housing Finance Agency announced plans for a New Streamlined Modification Initiative that is to take effect on July 1, 2013 and set to expire August 1, 2015.

This new program will eliminate hardship and financial paperwork and time to review those files while qualified borrowers only need to make three payments in a row on time to have the mortgage permanently modified.

What is the Streamlined Modification Initiative?
The new Streamlined Modification Initiative is designed with the purpose of helping to assist more borrowers and homeowners who have mortgages which are either owned or guaranteed by Fannie Mae or Freddie Mac to maintain their homeownership. With its foundation rooted within lessons learned from the Servicing Alignment Initiative (SAI), a strong effort is made to help encourage borrowers to reach out and engage with their mortgage servicers in order to obtain a successful modification solution.

Under the new initiative, borrowers who are at least 90 days delinquent will be sent a Streamlined Modification Solicitation Offer that will include a Trial Period Plan which specifies the dollar amount of the newly adjusted proposed mortgage payment. This figure is based upon a fixed interest rate and extends the payment terms to 40 years while also providing principal forbearance for certain homeowners who have properties that are worth less than they owe (or underwater). 

And to speed up the entire process, the financial and hardship paperwork will not be required of borrowers in order to receive the modification. This also eliminates the need for that paperwork to be reviewed, and the time it once took for that process to complete.

Our Tampa loan modification attorneys can help play a key role in the process by helping negotiate the terms for you and may even be able to help you discover ways to help your case even further, while also making sure the lender isn't cutting any corners on their end of the deal as well.

Wednesday, July 17, 2013

General information about personal injury and compensation


General Information about Personal Injury and Compensation:


It is difficult to determine whether or not you have suffered from a personal injury unless you have some kind of an idea what personal injury is about. Whether you've suffered directly from a personal injury or you're seeking information or acting on behalf of another individual, understanding the different types of personal injury and your options for remedy and potential compensation will help you better prepare for or defend against a potential lawsuit.
injury victim

Personal injury can occur in a number of different ways but typically involves either psychological or physical injury, illness or disease. In order for it to be personal injury, these injuries typically occur as a direct result of another individual, business or entity acting in a negligent or irresponsible manner. Property damages, monetary losses, negative health, and even death can occur in worst cases.

Many circumstances lead to personal injury. Medical malpractice can result in disabilities and ailments. Auto accidents and defective products can cause injury, illness or death. Many crimes result in psychological and physical damages.

There are certain things one must consider if you know someone or are suffering yourself from personal injury. One of the first steps to take would be to file a complaint against the organization, entity or person directly responsible for the injuries incurred. Having a personal injury attorney involved in your case will help you get proper compensation and ensure your rights are being preserved and protected.

There are two main types of compensation which a victim can receive if they've sustained a personal injury, and there is absolutely nothing wrong with claiming compensation when you've suffered a loss. Payment for pain and suffering or the loss of wages and future earnings typically fall under general damages. But there are also special damages which can be granted. These would include medical expenses such as hospital bills, travel costs to the hospital, loss of property, belongings, damages and etc.

In some cases, the case might not even need to go to trial. Representation from an experienced personal injury attorney will ensure that you or the victim will receive proper and just compensation and the attorney will also provide plenty of additional legal assistance throughout the claim process, and if the claim should end up in court, your attorney will be right there ready to represent you.

At Fernandez Law Group, you are choosing an experienced Tampa personal injury lawyer with an in-depth understanding of exactly how to get you the compensation you deserve. If you have experienced loss due to a serious injury in the State of Florida, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.

Call us today at 813-489-3222 for a FREE consultation.